CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    

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11  Senator Holzendorf moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 6, between lines 18 and 19,

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16  insert:

17         Section 6.  Present subsection (1) of section 624.610,

18  Florida Statutes, is renumbered as subsection (2), present

19  subsection (2) of that section is renumbered as subsection (3)

20  and amended, present subsections (3) through (12) of that

21  section are renumbered as subsections (4) through (13),

22  respectively, and a new subsection (1) is added to that

23  section, to read:

24         624.610  Reinsurance.--

25         (1)  The purpose of this section is to protect the

26  interests of insureds, claimants, ceding insurers, assuming

27  insurers, and the public.  It is the intent of the Legislature

28  to ensure adequate regulation of insurers and reinsurers and

29  adequate protection for those to whom they owe obligations.

30  In furtherance of that state interest, the Legislature

31  requires that, upon the insolvency of a non-United States

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  insurer or reinsurer that provides security to fund its United

 2  States obligations in accordance with this section, such

 3  security shall be maintained in the United States and claims

 4  shall be filed with and valued by the state insurance

 5  commissioner with regulatory oversight, and the assets shall

 6  be distributed in accordance with the insurance laws of the

 7  state in which the trust is domiciled which are applicable to

 8  the liquidation of domestic United States insurance companies.

 9  The Legislature declares that the matters contained in this

10  section are fundamental to the business of insurance in

11  accordance with 15 U.S.C. ss. 1011-1012.

12         (3)(2)(a)  If a ceding insurer reinsures all or any

13  part of any particular risk or class of risks with an approved

14  reinsurer, the ceding insurer may receive credit in accounting

15  and financial statements on account of such reinsurance ceded.

16  An approved reinsurer is:

17         1.  An assuming insurer authorized by the department to

18  transact such line of insurance or reinsurance in this state.

19  Subject to the other requirements of this code, credit may be

20  taken for reinsurance with an authorized insurer.

21         2.  An assuming insurer approved by the department to

22  transact such line of reinsurance in this state. The

23  department shall approve only solvent insurers meeting the

24  criteria established for authorized insurers in this state.

25  From time to time, the department shall publish a list of

26  insurers approved pursuant to this subsection. Subject to the

27  other requirements of this code, credit may be taken for

28  reinsurance with an approved reinsurer.

29         3.  An assuming underwriting member of an insurance

30  exchange domiciled in any other state or jurisdiction in the

31  United States, which insurance exchange was licensed and in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  operation on or before January 1, 1993, provided the insurance

 2  exchange presents to the department for its approval, and

 3  maintains, satisfactory evidence that such assuming

 4  underwriting member maintains the standards and meets the

 5  financial requirements applicable to an authorized insurer.

 6  Subject to the other requirements of this section, credit may

 7  be taken for reinsurance with members approved under this

 8  subsection by the department.

 9         4.  A group of individual, unincorporated, or

10  incorporated alien insurers which maintains funds in an amount

11  not less than $50 million held in trust for United States

12  policyholders and beneficiaries in a bank or trust company

13  that is subject to supervision by any state of the United

14  States or that is a member of the Federal Reserve System and

15  which group satisfies the department by annually filing

16  evidence that it can meet its obligations under its

17  reinsurance agreements. Subject to the other requirements of

18  this section, credit may be taken for reinsurance with a group

19  approved under this subsection by the department.

20         (b)  Credit in accounting and financial statements on

21  account of reinsurance ceded to a nonapproved reinsurer may be

22  allowed only:

23         1.  When it is demonstrated by the ceding insurer to

24  the satisfaction of the department that such reinsurer

25  maintains the standards and meets the financial requirements

26  applicable to an authorized insurer;

27         2.  To the extent of deposits by, or funds withheld

28  from, such reinsurer pursuant to express provision therefor in

29  the reinsurance contract as security for the payment of the

30  obligations thereunder if such deposits or funds are held

31  subject to withdrawal by, and under the control of, the ceding

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  insurer or such deposits or funds are placed in trust for such

 2  purposes in a bank which is a member of the Federal Reserve

 3  System if withdrawals from the trust cannot be made without

 4  the consent of the ceding insurer. The funds withheld may be

 5  cash or securities which are qualified as admitted assets

 6  under part II of chapter 625 and which have a market value

 7  equal to or greater than the credit taken; or

 8         3.  To the extent that the amount of a clean,

 9  unconditional, evergreen, and irrevocable letter of credit,

10  issued for a term of not less than 1 year and in conformity

11  with the requirements set forth in this subparagraph, equals

12  or exceeds the liability of an unauthorized or unapproved

13  reinsurer for unearned premiums, outstanding losses, and an

14  adequate reserve for incurred but not reported losses under a

15  specific reinsurance agreement. The requirements are that such

16  a clean and irrevocable letter of credit be issued under

17  arrangements satisfactory to the department as constituting

18  security to the ceding insurer substantially equal to that of

19  a deposit under subparagraph 2. and that the letter be issued

20  by a banking institution which is a member of the Federal

21  Reserve System and which has financial standing satisfactory

22  to the commissioner. The department may adopt rules requiring

23  that the letter adhere in its wording to a format for letters

24  of credit as the format has been or may be adopted or approved

25  by the National Association of Insurance Commissioners.

26         4.  When the reinsurance is ceded to a reinsurer which

27  maintains a trust fund, in a bank or trust company that is

28  subject to supervision by any state of the United States or

29  that is a member of the Federal Reserve System, for the

30  payment of the valid claims for business written in the United

31  States. The trust shall consist of a trusteed account in an

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  amount not less than the reinsurer's liabilities attributable

 2  to reinsurance by ceding insurers for business written in the

 3  United States and, in addition, the reinsurer shall maintain a

 4  trusteed surplus of not less than $20 million.  Such trust

 5  shall be established in a form approved, and any amendments to

 6  the trust approved, by the insurance commissioner where the

 7  trust is domiciled, or the insurance commissioner of another

 8  state who, pursuant to the terms of the trust agreement, has

 9  accepted principal regulatory oversight of the trust.  The

10  trust shall remain in effect for as long as the reinsurer has

11  outstanding obligations due under the reinsurance agreements

12  subject to the trust.  The trust assets must be in cash or

13  securities which are qualified as admitted assets under part

14  II of chapter 625 and which have a market value of the

15  required liabilities and trusteed surplus. The reinsurer shall

16  report quarterly to the insurance commissioner information

17  substantially the same as that required to be reported on the

18  National Association of Insurance Commissioners Annual

19  Statement form by licensed insurers to enable the insurance

20  commissioner to determine the sufficiency of the trust fund.

21  The trust and the reinsurer shall be subject to examination as

22  determined by the commissioner.

23         5.  The credit permitted by subparagraph (3)(a)4. and

24  the credit permitted by subparagraph (3)(b)2. shall not be

25  allowed unless the assuming insurer in substance agrees in the

26  trust agreement to the following conditions:

27         a.  Notwithstanding any other provisions in the trust

28  instrument, if the trust fund is inadequate because it

29  contains an amount less than the amount required by the

30  department or, if the grantor of the trust has been declared

31  insolvent or placed into receivership, rehabilitation,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  liquidation, or similar proceedings under the laws of its

 2  state or country of domicile, the trustee shall comply with an

 3  order of the commissioner superintendent with regulatory

 4  oversight over the trust or with an order of a court of

 5  competent jurisdiction directing the trustee to transfer to

 6  the commissioner superintendent with regulatory oversight all

 7  of the assets of United States trust beneficiaries.

 8         b.  The assets shall be distributed by, and claims of

 9  United States trust beneficiaries shall be filed with and

10  valued by, the commissioner superintendent with regulatory

11  oversight in accordance with the laws of the state in which

12  the trust is domiciled that are applicable to the liquidation

13  of domestic insurance companies.

14         c.  If the commissioner superintendent with regulatory

15  oversight determines that the assets of the trust fund or any

16  part thereof are not necessary to satisfy the claims for

17  business written in the United States, the assets or any part

18  thereof shall be returned by the commissioner superintendent

19  with regulatory oversight to the trustee for distribution in

20  accordance with the trust agreement.

21         d.  The grantor shall waive any right otherwise

22  available to it under United States law that is inconsistent

23  with this provision.

24         (c)  For the purposes of this subsection only, the term

25  "ceding insurer" shall include any health maintenance

26  organization operating under a certificate of authority issued

27  under part I of chapter 641.

28         Section 7.  Section 624.22, Florida Statutes, as

29  created by section 1 of chapter 97-214, Laws of Florida, is

30  repealed.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  (Redesignate subsequent sections.)

 2

 3

 4  ================ T I T L E   A M E N D M E N T ===============

 5  And the title is amended as follows:

 6         On page 1, line 20, after the semicolon

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 8  insert:

 9         amending s. 624.610, F.S.; specifying purposes

10         of regulation of reinsurance; correcting

11         cross-references; repealing s. 624.22, F.S.,

12         relating to purposes of regulation of

13         reinsurance;

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